to hold this suspect as an enemy combatant. that would deny him legal rights under the laws of war. is that the way to go? joining me now, jay, chief counsel for law and justice, and julia, democratic strategist and former chief counsel of the house judiciary committee. you have two extremes here. you have folks like the the aclu, to be afforded all the same rights and treated the same way any of the three of us would if we were involved in robbing the corner store. and then you have the other side, graham and mccain who say, enemy combatant, no miranda, et cetera. jay, where do you fall on it? >> i think the department of justice right now has done the right thing by utilizing the public policy exception to the mirandaizing. that gives the department of -- >> explain briefly what that is. >> if in fact based on evidence that this plot was more extensive. if it is more extensive, and we have no evidence of any of this, the government's going to find that out quickly. then they can make the decision to declare him an enemy comba